Chapter 7 vs. Chapter 13 Bankruptcy - What Are The Different Procedures Involved In Filing?

Hot Tip! You should take full responsibility for your bankruptcy case. You are the only person that knows the facts of your case and the one most affected by the outcome.

A bankruptcy attorney can explain the applications of the new bankruptcy laws. You need to know how the bankruptcy code regulates the bankruptcy proceedings. An attorney can help you understand which chapter you may file under, what bills can be eliminated, how long payments may be extended, what possessions can be kept, and all other details regarding the bankruptcy case.

The relevant law to consider is the Bankruptcy Code, which defines and outlines the procedures involved in filing for bankruptcy under each chapter.

The two most common types of bankruptcy in the United States are Chapter 7 and Chapter 13. The first is available only to individual consumers while the latter is available to both individual debtors and business organizations. The first involves a liquidation of all nonexempt assets and properties, while the latter allows you to keep your properties in exchange for signing up for a repayment plan.

Dischargeability of Debts

If there is one thing you should take note of bankruptcy, it is that not all debts can be discharged. Keep this always in mind. Because you might think that you can get away with your debts scot-free after filing for bankruptcy only to find out later on that you are still obliged to pay for some certain non-dischargeable debts.

NON-DISCHARGEABLE DEBTS UNDER CHAPTER 7

Recent taxes

Trust fund taxes

Child or family support

Criminal fine or restitution

Accident claims involving intoxication

Unscheduled debts

Penalties payable to the government other than tax penalties

Student loans

Debts listed in prior bankruptcy where debtor was denied a discharge

Hot Tip! Once you narrow down the list of attorneys you are considering, the next phase in considering bankruptcy is to obtain references in regard to each of these attorneys’ prior performance. References will provide you with specific information on how a particular lawyer handles his or her business and on how successful he or she has been in the pursuit of prior bankruptcy cases.

NON-DISCHARGEABLE DEBTS UNDER CHAPTER 13

Debts for alimony, support, and maintenance

Debts for death or personal injury related to drunk driving

Debts for criminal fines and restitution

Most debts for student loans

Debts not covered by the plan

Installment debts maturing after the close of the plan

It is important to know what debts are dischargeable and what debts are non-dischargeable under any of these two bankruptcy types.

If you have substantial debts that are dischargeable under Chapter 13 but non-dischargeable under Chapter 7, then a Chapter 13 bankruptcy might be preferable to Chapter 7.

A sub-factor to consider in this is your eligibility for a discharge. The law states that a person who has received a Chapter 7 discharge in a case that was filed within six years is not eligible for a Chapter 7 discharge. In that case, the only other option you have is to file for a Chapter 13 discharge.

Hot Tip! You will also have to prove how well you make payments. Again, lenders will not focus on your credit payment history ending in bankruptcy but rather on the payments that you have made since your filing.

A bankruptcy attorney can help you get fast debt relief and give you the resources, services and expert advice to get your financial situation back in order. With the proper information in regards to the new bankruptcy laws you can avoid the hassles many people have to deal with because they did not take the time to do some research. Only you can decide what is best for your debt burden.

Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: How To File Bankruptcy

Filed under: Bankruptcy

Hit the Road on Your Favourite Wheels With Personal Car Loans

Hot Tip! You need to know the specific requirements stipulated for the bad credit auto loan you are applying for. There are some banks and financial institutions that will only write auto loans for vehicles that are no more than 4 or 5 years old.

Buying a dream car is not an unusual thing among people. People love to buy dazzling cars driven by their favourite movie stars, singers or sport stars. But, your speedy aspirations suddenly hit a speed breaker, when you got to know about the prices of these expensive cars. It will take you many years to save that much money to drive your dream, which you can easily get with personal car loans.

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In today’s fast paced world, buying a car has become a necessity than a mere thing of luxury and grandiosity. With the help of personal car loans you can buy your most suited vehicle whether you want it to thrill yourself with speed or for your business purpose. As per your financial capability and circumstances, you can go for secured personal car loans and unsecured personal car loans. If you are capable of offering collateral against the loan amount, you can opt for a secured personal car loan. On the other hand, if you don’t possess any collateral or doesn’t want to risk it by putting it as collateral, you can go for an unsecured personal car loan.

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With the growing popularity of various loan plans, it has become a lot easier to acquire personal car loans. But, your favour lies in the best suited personal car loan as per you repaying capability and circumstances. There are numerous lenders offering personal car loans, so it becomes indispensable to do a required research work before opting for any loan plan. You can easily do the research work with the help of Internet. You just need to visit the websites of various lenders, where you can easily compare the rate plans and other terms and conditions to choose the best suited personal car loans.

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Filed under: Loans and Credit

What You Should Know About Switching Credit Cards

Hot Tip! If you plan to ever buy a house or condo, the higher and more extensive your credit history is, the better the rate you will obtain for your mortgage.

With U.S. credit card debt at an all time high, many savvy consumers and investors are renewing their commitments to rid themselves of this burdensome and in most cases, unnecessary debt. In doing so they are constantly searching for the next best credit card with higher credit limits, lower annual percentage rates (APRs), and zero balance transfer offers. In fact switching credit cards has become as common as changing the battery in the fire alarm for some people and it has actually worked. So if you are amongst the thousands of Americans who are thinking of making a switch to improve your financial picture, before you do there are a few things that you should consider. They include how multiple inquiries for credit will affect your credit score and if the APR that applies to balance transfers after the introductory grace period still makes it a good deal. In addition to these two things you should also, as with everything you do, conduct your own research to find the best solution to meet your needs.

Hot Tip! If you ever want to open your own business, you need a positive credit history in order to obtain a business loan or line of credit.

It makes sound economical sense to switch credit cards to save money in interest charges and fees. Especially when you consider the fact that for most credit cards the minimum monthly payment is so low that it barely covers the interest charges reducing your outstanding balance by just a few measly dollars from month to month. Its no wonder then that we jump at any new offer that comes our way. When deciding whether to switch cards though, you should keep in mind that every time you apply for a new credit card an inquiry from that particular creditor goes on to your credit file whether you receive the credit or not. Additionally, multiple inquires by different creditors negatively impacts your credit score and any account whether closed or unused remains on your credit file for at least seven years. Last thing, switching cards and closing accounts immediately after the switch also impacts your credit score.

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When considering whether to take advantage of a 0% balance transfer offer, you should consider the amount of time that you’ll have before the “normal” APR applies to that balance and whether you’ll be able to pay that in full before the grace period is over. Additionally, in the event that you aren’t able to pay off the balance prior to expiration of the grace period, you should consider if the new APR that kicks in will be a significant savings from the card that you are considering transferring balances from and whether interest will be charged on just the remaining balance or the entire amount that you initially transferred.

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To ensure that you are getting the best deal, you should do a thorough search of available credit cards before making a final decision on which institution to submit a new application for credit to. By doing so you will know upfront exactly what you are getting and whether there are cost savings to be realized, leaving very little room for surprises.

Switching credit cards is a smart choice for consumers who are trying to manage and conquer their debt. For the disciplined person, this is a very effective strategy to help you reduce your debt load. If you find yourself in the situation where you are presented with an opportunity to switch credit cards, please keep in mind the negative effect that multiple inquiries will have on your credit score as well as the opening of new accounts while simultaneously closing others. When done wisely, after conducting a thorough search of available options, switching credit cards can definitely help you to achieve your financial goals.

Hot Tip! The most obvious: pay off your debt! This doesn’t include a home mortgage, but revolving balances such as credit card debt, a car loan, etc.

This article has been provided courtesy of Creditor Web. Creditor Web offers great credit card articles available for reprint and other tools to help you search and compare credit cards.

Filed under: Loans and Credit

With Debt Consolidation Loan Say Goodbye to Unmanageable Multiple Debts

Hot Tip! A Debt Consolidation Repayment Representatives will contact you and will work out a debt management plan.

Easy debt consolidation loans can help you merge your multiple debts into a single convenient loan.

Do you want to steer clear of the annoying practice of paying many lenders at a time? Do you want to avoid the tiresome task of making monthly payments to different lenders?

You can find a solution to all these problems by taking a debt consolidation loan. And along with saying “bye- bye” to unmanageable loans you also enjoy the benefits like you save money by paying a single interest rate, you make a single repayment as a replacement for several payments, you have to shell out a smaller monthly payment amount and along with this you also have a choice of repaying the loan at a fixed interest rate.

Creditors also offer bad credit debt consolidation loans to people with poor credit history. Such a loan can recover your credit score as a debt consolidation loan assists you in escaping from the debt trap.

There are essentially two types of debt consolidation loans -

• Secured debt consolidation loan:

A secured debt consolidation loan needs collateral to be pledged against the loan and has a low rate of interest.

• Unsecured debt consolidation loan:

In an unsecured debt consolidation loan you need not pledge any collateral against the loan amount, but the interest rates are comparatively higher.

So, go ahead apply for an online debt consolidation loan now and say goodbye to unmanageable multiple debts.

Hot Tip! Also, by taking out a new loan, you will be extending the period in which you are paying off debts - and that might mean a greater interest cost in the long run. Finally, many lenders add payment protection insurance to their loans without the borrowers’ knowledge, which is often more expensive than similar cover freely available elsewhere.

The author is a business writer specializing in finance and credit products and has written authoritative articles on the finance industry. He has done his masters in Business Administration and is currently assisting Shakespeare Finance as a finance specialist.

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Filed under: Debt Consolidation

What Is Bankruptcy And How Does It Work?

Hot Tip! The forth factor that needs to be considered on the road to filing for bankruptcy, is to determine whether you will seek professional assistance in the pursuit of a bankruptcy case. Some people do elect to file for bankruptcy on their own without the aid and assistance of a lawyer.

Bankruptcy filing is at an all time high. This has caused a new bankruptcy law to be passed called the “Bankruptcy Abuse and Consumer Protection Act.” Many people are having a tough time with debt and are now facing new rules for filing.

What is Bankruptcy?

Bankruptcy, or insolvency as it is otherwise known, is a legal declaration of an inability or an impairment to pay for the debts owed to creditors. To put it simply, it is an option that debtors and creditors have whenever an individual cannot pay his debts when they fall due.

Hot Tip! Even if I file for bankruptcy creditors will still harass me and my family.

There is admittedly a bad stigma around bankruptcy. However, when it comes to dealing with individual insolvency cases, it should always be considered. Note that bankruptcy is not permanent. It is a temporary case, thus, allowing you, the debtor, to gain a fresh start.

Who should file for Bankruptcy?

As a general rule, anyone can go bankrupt. Even individual members of a partnership can become insolvent. However, the rules governing company or partnership bankruptcy and the procedures to follow may be different from that filed by an individual.

There are three ways by which one becomes bankrupt:

• Voluntary

The insolvent debtor files for bankruptcy in a voluntary capacity.

• Involuntary

The creditor takes the initiative to request that debtor should file for bankruptcy for the purpose of collection.

• Supervisor-Initiated

Or anyone bound by an IVA.

More often than not, bankruptcy is legally declared by the debtor himself. However, there are cases wherein a case of bankruptcy may be requested by the creditors in order to get reimbursement from the debtor for the portion of the total amount owed to them. This is what is meant by involuntary bankruptcy.

Hot Tip! The final step in considering bankruptcy is to actually engage the services of an attorney. At this juncture, you attorney will prepare a bankruptcy petition on your behalf that will be filed in the bankruptcy court.

In an involuntary bankruptcy case, a court order is usually issued to the debtor who is obliged to acknowledge the proceedings or agree to them.

If you are the debtor, it is advised that you fully cooperate with the bankruptcy proceedings, even when you are disputing the creditor’s claim. Any attempts at settlement should be addressed before the bankruptcy petition is due to be heard. To do so otherwise would be both expensive and difficult.

Hot Tip! If I file for bankruptcy I will never get credit again.

Why is there a law on Bankruptcy?

What is the purpose of bankruptcy?

Bankruptcy is seen as a graceful way out of a debt. Its primary purpose is to give an honest debtor a “fresh start” in life. Hence, bankruptcy is essentially for the benefit of the debtor who can no longer pay for the debts that he owed.

Most of the time, individuals or organizations owe money to more than just one people and when the assets are no longer enough to pay for all the debts owed to each creditor, it is but fair to take the sum total of the assets and divide it up equally among the creditors in proportion to the debt owed.

The legal principle behind bankruptcy is that “one may not unjustly enrich himself at the expense of others.” If the bankrupt person were only to pay one creditor, what happens to the other creditors?

Hence, the other purpose of bankruptcy law is to repay creditors in an orderly manner to the extent of the total amount of properties and other assets that the debtor has available for payment.

Hot Tip! The third step you need to undertake when it comes to seeking bankruptcy relief is to contact all three major credit bureaus. When all is said and done, the three major credit bureaus may have the best record of all of your outstanding debt.

The resolution of the debtor’s debts is accomplished through bankruptcy by dividing all his assets among the creditors. The assets may not be enough to pay all, but the declaration does allow the debtor to partially pay off his debts and other financial obligations.

Hot Tip! Attorneys must be certified by the American Bankruptcy Institute.

If you retain a bankruptcy attorney be sure to have all the details of the new laws explained to you. An effective bankruptcy attorney should at least take the time to explain all the details before you file and give you an idea of how to manage your debt and how to eliminate your debt burden altogether.

Hot Tip! Spend a day at a bankruptcy court.

Dean Shainin offers online Bankruptcy and debt advice. For more information, articles, current news, tools and valuable resources on bankruptcy and debt solutions, visit this site: New Bankruptcy Law

Filed under: Bankruptcy

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